Overstay of TN Visa Please Help

sharksandwich
New Member



Joined: 30 Jun 2008
Posts: 1
Location: New Brunswick

Posted: Mon Jun 30, 2008 3:44 pm

 

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My wife is a nurse who overstayed her visa by 11 months. Last June, she was deported into Canada at the border and was told that she could not enter the US for 5 years. We now live on the border of New Brunswick. I am an American who works in the US, but she is not allowed entry, although she has not tried since June 10th of '07.

Can she somehow appeal this? If so, what particular form? If she can't work, is it possible to at least be able to gain entry into the US? We live only a couple of miles from the border and she would like to work on the US side, and at the very least be able to go across with me.

Thanks.

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1174
Location: North Carolina

Posted: Tue Jul 01, 2008 3:02 am

 

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If she has been given a specific ban, it is unlikely that she'd be allowed a work visa.

You may want to speak with an immigration lawyer for a consult to find out if you have any options.
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slashgnrfan101
New Member



Joined: 25 Jun 2008
Posts: 8
Location: Los Angeles

Posted: Tue Jul 01, 2008 5:30 pm

 

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Forgive me for asking, but why didn't she just go back to Canada and have her TN renewed? Or, since she's married to you (an American), can't she just get her greencard?

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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1122
Location: Calgary

Posted: Tue Jul 01, 2008 8:12 pm

 

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Yeah, you need an immigration lawyer because you need to go to court to appeal the ban. If you're married that would be a strong basis for appealing it. It's going to be harder if she signed the deportation order, but I'm sure there must be some way of overturning it if she's married to a US citizen.
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Steve.

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